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It would be good to know why they couldn't come to terms before blaming one side or the other. HC did approach the artist first and try to license the picture. Maybe HC low-balled their offer; maybe the artist thought she had them over a barrel and priced it too high. I would say that HC was acting in a sleazy manner if it was the former, but it gets less simple if it was the latter. Considering that the HC cover isn't just a photoshopped copy of the original (which would definitely be copyright infringement), but rather something they paid another artist to paint, I wouldn't be surprized if the original artist did try to overcharge.
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